One of the more frequent types of violent crimes that arises in criminal cases occurs when an accused threatens someone with a firearm. Threatening someone with a firearm can range anywhere from pointing a firearm at someone, cocking a gun, or even motioning to a sidearm that an accused may have holstered. Read about justification defenses here Make sure that you speak with an experienced Chester County Violent Crimes attorney if you are being investigated for or have been charged with violent crimes such as threatening someone with a firearm.
Violent crimes like threatening someone with a firearm can result in many different charges for an accused. Some of these charges may be justified, but they might also be an example of the government overcharging an accused with crimes that he did not commit. The first example of a type of violent crime that an accused might face is the charge of simple assault. Read about Assault Crimes here Under this statute, an accused can be found guilty of simple assault if the government can prove that the defendant attempted to use physical menace to threaten a person with imminent serious bodily injury. The physical menace in the case of a simple assault charge would be possessing the gun and the threat of the imminent serious bodily injury would be pointing the gun at the alleged victim.
Another example of a crime that an accused might face for pointing a firearm at someone is the crime of Recklessly Endangering another Person. In order to be found guilty of this crime, the government must prove that the accused engages in conduct which may place the alleged victim in danger of death or serious bodily injury. Now although pointing a gun at someone is a simple assault under PA law, it is generally agreed that a defendant may only place the alleged victim in danger of death or serious bodily injury if the government can prove that the gun was loaded.
